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WEBSITE PRIVACY NOTICE

H L BORDEN, LLC

WEBSITE PRIVACY NOTICE

Last updated and effective as of June 6, 2024

Welcome to the H L BORDEN of websites (collectively, the “Websites”)! The Websites are owned, directly or indirectly, by H L BORDEN , LLC. (“H L BORDEN ,” “Company,” “we,” or “us”). We respect your privacy and this privacy notice (the “Privacy Notice”) describes the types of information we may collect from you or that you may provide when you visit the Websites, as well as when you use our offline services, and our practices for collecting, using, maintaining, protecting and disclosing that information.

By accessing any of the Websites, you confirm that you have read, understand, and acknowledge the terms of this Privacy Notice.  This Privacy Notice and the notices outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any third party.

If you are a California resident, see Section 11 for information provided pursuant to the state privacy laws in each of those states, including how to request that we not “sell” or “share” your personal information by clicking Do Not Share My Personal Information.

1. APPLICATION OF THIS PRIVACY NOTICE

This Privacy Notice applies to (i) information collected on or through any of the Websites, including in email, text and other electronic messages between you and any of the Websites (including when you submit forms, requests, inquiries, newsletter subscriptions, or documents through the Websites), (ii) information collected on or through our mobile applications, (iii) to information we may collect through financial transactions or applications for credit,  on behalf of your business, as well as (iv) to information we may collect from you offline or from other parties. This Privacy Notice does not apply to information collected through any other website operated by any other party.

This Privacy Notice applies to any Website or application where this Privacy Notice is posted.

Some of our Websites provide you with the ability to apply for employment, allowing you to submit Personal Information (as explained in Section 4 below) via electronic form. In such instances, the applicable application form may have supplemental terms or conditions, including terms regarding how we will handle and disclose information you submit in support of such applications. To the extent this Privacy Notice conflicts with any such supplemental terms or conditions, such supplemental terms or conditions will control. See Section 6 under the heading “Verification Checks” for more information.

2. ELIGIBILITY AND CHILDREN UNDER THE AGE OF 13

WE DO NOT INTENTIONALLY COLLECT ANY INFORMATION FROM USERS UNDER THE AGE OF 13, AND THE WEBSITES ARE NOT INTENDED FOR ANYONE UNDER THE AGE OF 13.  If we learn we have collected or received Personal Information from someone under the age of 13, we will delete that information. If you are a parent or legal guardian and think your child under 13 has given us information, you can contact us at support@thedeckandfencedepot.com

3. USERS OUTSIDE THE UNITED STATES

The Websites are intended for individuals in the United States. In the event you visit our Websites from outside the United States, please know that your information may be transferred to, stored, or processed in the United States, where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Websites or submitting your Personal Information through our Websites, the consent to such transfer, storing and processing.

4. TYPES OF INFORMATION WE COLLECT ABOUT YOU AND HOW WE

COLLECT IT

H L BORDEN (and the vendors and other parties we use to perform services on our behalf) collect, receive, and develop several categories of Personal Information about you depending on the nature of your interactions with us. For example, we collect information:

•   Directly from you when you provide it to us, such as when you purchase our products or services, apply for employment, or request a quote from us. This information may include, but is not limited to, your name, email address, mailing, shipping, or billing address(es), phone number, customer account number, and payment card information.
•   When you use the Website to interact with other parties or through information obtained from other parties.
•   We collect Personal Information from third parties, for example, our business partners and affiliates.
•   Email Correspondence and Form Information. The Websites have links and forms that can be used to contact us so you can comment, make a complaint, make suggestions and ask questions, register to use our Websites, post material or request quotes, estimates, or further services. We may also ask you for information when you report a problem with our Websites. This includes information provided at the time of purchasing a product from us, subscribing to our newsletter, contributing to any forum, reviews, or comments, or requesting further information about our products. Your email address is required on these forms so we can answer your questions. We may put information from email on file and may share or transmit this information with other parties in order to provide you with any membership benefits you may receive as a member to one of our Websites. By providing your email address, you are requesting that we communicate with you in that manner. To withdraw your request, or to unsubscribe, please click on the unsubscribe link in an email, or contact us by sending us an email stating your request to support@thedeckandfencedepot.com
•   Commercial Information, Customer Records, or Transaction Details. Details of transactions you carry out through our Websites and physical locations and of the fulfillment of your orders. For example, we may collect information about your purchase history, property details, or project details. You may also be required to provide financial and payment information before placing an order through our Websites.
•   Survey Responses and Search Queries. Your responses to surveys that we might ask you to complete for research purposes.
•   Newsletters and Other Communications. We offer visitors to the Websites the opportunity to sign up to receive newsletters or other email communications from the Websites, at your own request. In order to sign up for these communications, we ask for contact information, such as name and email address. We also may offer the opportunity for you to receive mailings from our business partners or affiliates that we think may be of interest to you. You can unsubscribe from these communications at any time through the unsubscribe link in each communication, contacting us via email at support@thedeckandfencedepot.com. For more information about your opt out options, see “Your Rights and Choices” found in Section 7 of this Privacy Notice below.
•   Employment-Related and Education Information. When you apply for a job, we collect information you submit as part of your application and resume. This might include your work experience and previous employment, your education, the URL to your personal or professional websites, your workplace skill sets and certifications, whether you need a visa or require sponsorship, and/or salary expectations.  We may also conduct a credit check, background check, and employment verification to the extent permitted by applicable law. If you apply for a job, you may choose to also voluntarily provide any of the following information: ethnicity, gender, disability status, and/or veteran status.
•   Audio/Visual/Thermal Information. For example, when you visit a H L BORDEN, we may capture or collect photographs and record audio and video at the property (including through the use of CCTV cameras and other technologies). We may also record audio during customer service calls.

INFORMATION COLLECTED AUTOMATICALLY

As you navigate through and interact with any of our Websites, we collect certain information automatically, such as the browser, device and operating system you are using, signal strength, device identifiers, MAC address, and your IP address (a unique string of numbers that is automatically assigned to your computer by your Internet Service Provider). We might collect information at the site you came from, or the site you visit when you leave us. We may collect and record page and app interaction information and other electronic communications and content from your use of the Websites (such as content entry, mouse movements, screen captures, the date, time, and location of your visit, what areas of the Websites you visit and for how long, what search terms or other data you enter, and what products or content or links you view and click on), and methods used to browse away from the page. If you use our mobile apps, we may also look at how often you use the app and where you downloaded it. We may also embed technologies (which may include, for example, web beacons, tags, and pixels) in the emails and other communications we or our vendors send to you to help us understand how you interact with those messages, such as whether and when you opened a message or clicked on any content within the message.

The information we collect automatically is also used as statistical data. It helps us to administer and improve our Websites and to deliver a better and more personalized service by enabling us to estimate our audience size and usage patterns, store information about your preferences, allowing us to customize our Websites according to your individual interests, speed up your searches and recognize you when you return to our Websites.

As is the case with many websites, our Websites use a technology called “cookies” which are small data files that are downloaded onto your computer. We may use similar technologies such as “Flash Cookies” or “Web Beacons” as well. The use of these technologies is standard on the Internet and allows us to tailor your visits to our Websites to your individual preferences. We may also contract with third party service providers who assign cookies to conduct site tracking for us. These companies use cookies solely to provide us with aggregate data about traffic on our Websites. Keep in mind that the cookies used on our various Websites will differ and you will need to set your preferences on each H L BORDEN Website you visit. Although most web browsers automatically accept cookies, your browser settings may give you the ability to control or to prevent cookies or notify you whenever you are sent a cookie. Cookies may be session-based cookies that are removed after a user leaves a website or persistent cookies that are stored on a user’s computer permanently or until the expiration date. Even without accepting a cookie, you can still access certain of the features on our Websites, but some features may not function as intended when cookies are not permitted. Users can delete cookies via their browser settings.

We may combine information we collect from you directly and automatically, we may also combine information we collect from you with information obtained from other sources or that you provide to us.

INFORMATION PROVIDED BY THIRD-PARTIES AND THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

Some content or applications, including advertisements, on the Websites are served by third parties, including advertisers, ad networks and servers, content providers, and application providers, including services known as Google Analytics and others (see below for additional information regarding the Google Analytics service). These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Websites. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

For third party websites and third party tracking technologies, we do not control these third parties’ tracking technologies or how they may be used. The information practices of these third-party sites are governed by their own privacy policies and are not covered by this Privacy Notice. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

5. HOW WE USE THE INFORMATION THAT WE COLLECT OR THAT YOU PROVIDE

We use the above-referenced categories of Personal Information for the following purposes:

•   To provide our services and process/fulfill transactions;
•   For administration, troubleshooting and to help improve the quality of our products; services, the Websites and their design;
•   To manage our rewards programs;
•   To create and manage your account with us;
•   To communicate with you, including responding to your inquiries and communications, or to notify you of changes to our Websites or policies;
•   To provide customer service and technical support, which may include responding to your requests, resolving issues, and/or troubleshooting problems?
•   To improve and customize our services, communications, and advertisements;
•   for marketing purposes, including the serve targeted advertising for products, services, events, or promotions you might be interested in, including those provided by H L BORDEN and by other parties. Where permitted by law, we may work with other companies to serve advertisements or marketing that we think you may find relevant and useful. This may include advertisements displayed on our own Websites, contained in emails or other communications sent by us, or advertisements from us displayed on other companies’ websites. The advertisements you see may be based on information collected by us or third parties and/or may be based on your activities on our Websites or other websites;
•   To conduct market research, customer satisfaction and quality assurance surveys;
•   To comply with applicable laws, regulations, and legal processes;
•   To protect the security and integrity of our business, services, products, brands, users, customers, business partners, and service providers;
•   To protect our company, properties, customers, business partners and their respective personnel;
•   To protect our websites, apps, or services, as well as to detect and investigate activities that may be fraudulent, or otherwise illegal or prohibited (such as cyber security events or fraudulent transactions);
•   To conduct background, employment, and credit checks and to assess financial, reputational, credit, and other risks arising from any relationship or prospective relationship with you where permissible by law;
•   To enforce and defend our rights and legal obligations;
•   To fulfill the purpose for which you provide it;
•   For any other purpose disclosed by us when you provide the information; and
•   For purposes for which we obtain your consent.

In addition to the above, some of the information we collect may be financial information that we may use to determine whether to grant you credit on behalf of your business at one of our stores. In particular, we may use information you provide to us to assess credit risks relating to our business, including to evaluate and process your application for credit at our stores and to manage your existing account. We may also collect your Personal Information from others, such as credit bureaus, affiliates, or other companies in order to process your application.

We do not use or disclose sensitive personal information unless it is necessary to provide the goods or perform the services you have requested (such as processing or fulfilling orders and transactions), with your consent, or as otherwise authorized by applicable law (such as to prevent, detect, and investigate security incidents, ensure physical safety, and show non-personalized advertising as part of your current interaction with us). We do not use or disclose sensitive personal information for the purpose of inferring characteristics about you.

6. ADVERTISEMENTS AND OPTING OUT

We disclose the above-referenced categories of Personal Information under the following circumstances:

•   with the H L BORDEN, including our subsidiaries and affiliates, and business units of our parent company,  as necessary for the operation of our business, for example, to fulfill product orders;
•   to contractors, service providers and other third parties we use to provide a variety of services on our behalf to support our business, including the development, hosting, maintenance, and support of our Websites; processing transactions and payments; data management, storage, and analysis, communications, and marketing, provide analytics and search engine support, investigate and prevent data incidents, provide physical and digital security services, audit our business and financial statements, vet job applicants, and provide legal advice. Personal information received by vendors and service providers may also be subject to their privacy policies;
•   to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of assets of us or our subsidiaries or affiliates, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information is among the assets transferred. We may also share your information with others as they conduct diligence of our corporate changes;
•   As part of a transaction, financing, or for other business needs.  For example, if we sell any of our businesses or assets, apply for loans, or opens bank accounts, we may disclose your Personal Information to the prospective buyer, lender or bank, as the case may be, as part of certain due diligence processes;
•   to the extent permitted under applicable law, we may also share aggregate information that does not identify you individually and cannot be linked to you directly or indirectly, including with existing and prospective third-party business partners, researchers and advertisers;
•   To enforce or apply our Terms of Use    and other agreements, including for billing and collection purposes; and
•   Verification Checks (Employment and/or Credit). With respect to Websites that provide you with the opportunity to apply for employment or credit, or the ability to purchase goods and services, we may utilize third-parties to check and verify your background or credit as is customary in such industry. By submitting any application materials via the Websites, you hereby expressly authorize us to perform such verifications in accordance with applicable law. When you create or post a resume, we utilize a third party, Clear Company, to process such resume. Such processing may be subject to additional terms or conditions as set forth by Clear Company. You can read more about Clear Company’s solutions here;

We may also disclose Personal Information if we are required to do so by law or we in good faith believe that such action is necessary to (a) comply with any court order, law or legal process, including to respond to any government or regulatory request; (b) protect and defend our rights and property; (c) protect against misuse or unauthorized use of the Websites; (d) for safety and security purposes, if we think we have to in order to protect ourselves, our properties, our customers and others; or (e) to investigate a potential incident or fraud, including theft or vandalism of personal property or fraud. Please note that we may not provide you with notice prior to disclosure in such cases.

We may share personal information for other reasons we may describe to you from time to time or as permitted or required by law.

7. ACCESS, CORRECTION, AND OPTING OUT OF SALE

We support our visitors in exercising their privacy rights. We strive to provide you with choices regarding the Personal Information you provide to us. See below on how to control your options.

•   You can opt out of receiving our marketing emails and text messages. To stop receiving our promotional emails, you can follow the instructions in any promotional message you get from us. If you receive promotional text messages from us, you may opt out by replying “STOP”. Even if you opt out of getting marketing messages, we will still send you transactional messages. These include responses to your questions.
•   You can control tracking technologies and cookies. Your browser may also give you the ability to control cookies or other tracking tools, including refusing cookies, or alerting you when cookies are being sent. Your options will depend on which browser you are using.

The Network Advertising Initiative provides instructions and information on how to opt out of certain advertising communications: https://optout.networkadvertising.org/?c=1.  Users can use their browser settings to decide whether to turn on and off cookies on the Websites. You can also visit https://optout.networkadvertising.org/?c=1 and https://optout.privacyrights.info/?c=1to opt out of certain uses of cookies for advertising purposes.

To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of our Websites may then be inaccessible or not function properly. Keep in mind that the cookies used on our various Websites will differ and you will need to set your preferences on each of our Websites that you visit.

Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. If you block cookies, certain features on our site may not work. If you block or reject cookies, not all of the tracking described here will stop.

Options you select and choices you make are browser, website and device specific. If you clear your cookies or your browser’s cache, you will need to set your preferences again.

•   Account Preferences. Some of our Websites provide the option to register and create user accounts. User accounts for such Websites include the ability to set certain preferences with respect to your privacy, including the ability to opt-out of certain communications. Each Website’s user interface might be slightly different, but you should look for the “Account Settings” or “Preferences” link on the user dashboard after logging in. There you will find additional information about managing your preferences.

8. SECURITY

We have put in place commercially reasonable precautions to help protect Personal Information from loss, misuse and alteration. Unfortunately, the transmission of information via the Internet is not completely secure. Although we incorporate safeguards intended to mitigate risk and help protect the security, integrity and privacy of your Personal Information, we cannot guarantee the security of your Personal Information. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our properties, Websites, or other platforms.

9. EXTERNAL LINKS

The Websites may provide links to various third party websites that we do not control. When you click on one of these links, you will be transferred out of our Websites and connected to the website of the organization that you selected. We cannot be responsible for the privacy practices of third parties or their websites. If you visit a website that is linked to or from any of our Websites, we encourage you to consult that website’s privacy policy before providing any Personal Information and whenever interacting with any website. You should familiarize yourself with any terms and policies of such third party website before utilizing such website.

10. SOCIAL MEDIA

Our Websites engage with guests on multiple social media platforms (e.g., Facebook, Twitter, YouTube, LinkedIn, Tiktok and Pinterest). If you contact us on one of our social media platforms, request guest service via social media, or otherwise direct us to communicate with you via social media, we may contact you via direct message or use other social media tools to interact with you. In these instances, your interactions with us are governed by this Privacy Notice as well as the privacy policy of the social media platform you use. See below for additional information regarding interactions among you, the Websites, and other social media platforms.

•   Social Media Widgets. Our Websites and Mobile Apps include social media features, such as the Facebook Like button, Google Plus, Pinterest, and Twitter widgets. These features may collect information about your IP address and which page you’re visiting on our Websites, and they may set cookies or employ other tracking technologies. Social media features and widgets are hosted either by a third party or directly on our Websites. Your interactions with those features are governed by the privacy policies of the companies that provide them.
•   Social Media Ads. Our Websites may display targeted ads to you through social media platforms. These ads are sent to groups of people who share traits such as likely commercial interests and demographics. For example, the ads may target guests who have expressed an interest in shopping for building materials or tools, etc. See the policies of each social media platform for additional information about these types of ads.

11. SPECIAL NOTICE TO CALIFORNIA RESIDENTS UNDER CIVIL CODE § 1798.83

If you reside in California, you have the right to ask us one time each year if we have shared Personal Information with third parties for their direct marketing purposes. To make a request, please send us an email at support@ thedeckandfencedepot.com, or write to us at the address listed below under “Contact Us.” Indicate in your letter or email that you are a California resident making a “Shine the Light” inquiry.

If you reside in California, in addition to the information provided to you in the rest of this Privacy Notice, you can also make the following more specific requests with respect to your Personal Information:

•   Access – You can request that we disclose to you the categories of Personal Information we collected about you, the categories of sources from which we collected the Personal Information, the categories of Personal Information we sold or disclosed, our business or commercial purpose for collecting, selling or sharing the Personal Information, the categories of third parties to whom we disclosed the Personal Information, and the specific pieces of Personal Information we collected about you.
•   Deletion – You can request that we delete your Personal Information that we maintain about you, subject to certain exceptions.
•   Correction – You can request that we correct inaccurate Personal Information that we maintain about you, subject to certain exceptions.
•   Limit the Use/Disclosure of Sensitive Personal Information – We do not collect, use or disclose Sensitive Personal Information about consumers beyond the purposes authorized by the CCPA.
•   Do Not Sell or Share My Personal Information – You can request that we not sell or share your Personal Information by clicking Do Not Sell or Share My Personal Information. For purposes of this section, “sell” means the sale of your Personal Information to an outside party for monetary or other valuable consideration, and “share” means the disclosure of your Personal Information for cross-context behavioral advertising purposes, subject to certain exceptions set forth in applicable California law. Please note that if you make a request to opt out of sale and if you would like to opt out of cookie-based tracking for behavioral advertising purposes or click the link in the footer of the H L BORDEN Website you visit to set your preferences, your selections are specific to the device, website and browser you are using. Your selections are deleted whenever you clear your cookies or browser’s cache. We do not knowingly sell or share the personal information of minors under 16 years of age.

H L BORDEN  will not discriminate against you because you made any of these requests.

California residents can make these requests online by clicking here, by emailing us at support@thedeckandfencedepot.com or by calling us at 1 (855) 927-7800. We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain Personal Information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate customer requests.

Note that for purposes of these requests under this Privacy Notice, Personal Information does not include information about job applicants, employees and other of our personnel; information about employees and other representatives of third-party entities we may interact with; or information we have collected as a service provider to our clients.

We will take reasonable steps to verify your identity prior to responding to your requests. The verification steps will vary depending on the sensitivity of the Personal Information and whether you have an account with us.

California residents may designate an authorized agent to make a request on their behalf. An authorized agent is a person or an entity registered with the California Secretary of State that a California resident has authorized to act on his or her behalf. If you choose to submit a privacy request through an authorized agent, we may require that you provide the agent with written permission to do so and that the agent verify their own identity with us. If your privacy request is submitted by an agent without proof that they have been authorized by you in to act on your behalf in accordance with applicable law, we may deny the request. We also reserve the right, in our sole discretion, to reach out to you directly to confirm that the agent is in fact authorized to make this request on your behalf to the extent allowable under applicable law, including where verification is insufficient or the nature of the Personal Information subject to the request is sensitive in nature.

For purposes of these requests, please note the following regarding how we collect and use your personal information as described in this Policy, including in the previous 12 months:

•   We collect, use and disclose categories of personal information for the business and commercial purposes described in this Policy, including: Identifiers; payment and customer records information; characteristics of protected classifications under California or federal law (such as demographic information like age and gender); commercial information; professional or employment information; education information; Internet or other electronic network activity information; geolocation data; audio, electronic or visual information; sensitive personal information; and inferences. See Section  4 above for additional detail.
•   We collect and use these categories of personal information for the business and commercial purposes described in Section  5 of this Policy.
•   We collect these categories of personal information from the sources described in Section  4 above.
•   We disclose each of these categories of personal information for our business and commercial purposes to the extent permitted by applicable law to the categories of third parties as described in Section  6 of this Policy.
•   We may “sell” or “share” the following categories of personal information: Identifiers; payment and customer records information; characteristics of protected classifications under California or federal law; commercial information; Internet or other electronic network activity; geolocation data; and inferences. We may “sell” or “share” these categories of personal information to the categories of third parties described in Section  6 of this Policy for the commercial or business purposes described in Section  4 of this Policy.

12. SPECIAL NOTICE TO CALIFORNIA RESIDENTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT (“CCPA”)

We may modify this Privacy Notice at any time, at our discretion, and modifications are effective upon being posted at this URL.

It is our policy to post any changes we make to our Privacy Notice on this page. The date on which this Privacy Notice was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Websites and this Privacy Notice to check for any changes.

If we make material changes to how we treat our users’ Personal Information or make other material changes to this Privacy Notice, we will notify you through a notice at this URL or by other reasonable means.

14. CONTACT US

We welcome your questions and comments pertaining to your privacy and this Privacy Notice or any other

Issue with regard to the Websites. Any questions can be directed to us by email, at support@thedeckandfencedepot.com  or by contacting us in writing at the address provided below:

Legal Department

H L BORDEN, LLC

385 E. King Street

Strasburg Va. 22657